COMMITTEE SUBSTITUTE
FOR
H. B. 2136
(By Delegates Manuel, Doyle and Rowe)
(Originating in the Committee on Government Organization)
[January 29, 1999]
A BILL to amend and reenact section five-b, article three,
chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
the state building code; and establishing compliance
criteria applicable to renovations performed upon certain
historic buildings.
Be it enacted by the Legislature of West Virginia:
That section five-b, article three, chapter twenty-nine of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
ยง29-3-5b. Promulgation of rules and statewide building code.
(a) The state fire commission shall promulgate and repeal rules and regulations propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code, to safeguard life and property and to
ensure the quality of construction of all structures erected or
renovated throughout this state pursuant to the provisions of
chapter twenty-nine-a of this code through the adoption of a
state building code. Such The rules regulations, amendments or
repeals thereof shall be in accordance with standard safe
practices so embodied in widely recognized standards of good
practice for building construction and all aspects related
thereto and shall have force and effect in those counties and
municipalities adopting the state building code.
(b) Pursuant to the provisions of chapter twenty-nine-a of
this code, on the first day of July, 1988, The state fire
commission shall commence promulgation of comprehensive rules and
regulations has authority to propose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code, regarding building
construction, renovation and all other aspects as related to the
construction and mechanical operations of a structure. Upon the
completion of the promulgation of the rules and regulations, such
The rules and regulations shall be known as the "State Building
Code."
(c) For the purpose of this section the term "building code"
is intended to include all aspects of safe building construction and mechanical operations and all safety aspects related thereto.
Provided, That the state fire marshal shall provide compliance
alternatives for historic structures and sites as provided for in
section five, article one of this chapter, which compliance
alternatives shall take into account the historic integrity of
said historic structures and sites Whenever any other state
law, county or municipal ordinance or regulation of any agency
thereof is more stringent or imposes a higher standard than is
required by the state fire code building code, the provisions of
such the state law, county or municipal ordinance or regulation
of any agency thereof shall govern provided governs if they are
not inconsistent with the laws of West Virginia and are not
contrary to recognized standards and good engineering practices.
In any question, the decision of the state fire commission
determines the relative priority of any such state law, county or
municipal ordinance or regulation of any agency thereof and
determines compliance with state fire regulations rules building
code by officials of the state, counties, municipalities and
political subdivisions of the state.
(d) Enforcement of the provisions of the state building code
is the responsibility of the respective local jurisdiction.
Also, any county or municipality may enter into an agreement with
any other county or municipality to provide inspection and
enforcement services.
(e) After the state fire commission has promulgated rules
and regulations as provided herein in this section, each county
or municipality intending to adopt the state building code shall
notify the state fire commission of its intent.
(f) The state fire commission may conduct public meetings in
each county or municipality adopting the state building code to
explain the provisions of such the rules. and regulations
(g) The provisions of the state building code relating to
the construction, repair, alteration, restoration and movement
of structures are not mandatory for existing buildings and
structures identified and classified by the state register of
historic places under the provisions of section eight, article
one, chapter twenty-nine of this code, or the national register
of historic places, pursuant to Title XVI, section 470a of the
United States Code. Prior to renovations regarding the
application of the state building code, in relation to historical
preservation of structures identified as such, the authority
having jurisdiction shall consult with the division of culture
and history, state historic preservation office. The final
decision is vested in the state fire commission. Additions
constructed on a historic building are not excluded from
complying with the state building code.